S T A T E O F N E W Y O R K
________________________________________________________________________
10253
I N A S S E M B L Y
March 12, 2010
___________
Introduced by M. of A. SCARBOROUGH -- read once and referred to the
Committee on Children and Families
AN ACT to amend the executive law and the county law, in relation to
alternative to detention programs for court-involved children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 530 of the executive law, as amended by chapter
880 of the laws of 1976, subdivisions 2 and 5 as amended by chapter 920
of the laws of 1982, subdivision 2-a and subparagraph 4 of paragraph (a)
of subdivision 5 as added and paragraph (a) of subdivision 4 as amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a and subdivision 7 as amended by chapter 465 of the laws of 1992,
paragraph (c) of subdivision 4 as added by chapter 169 of the laws of
1994, subdivision 8 as added by section 1 and subdivision 9 as added by
section 2 of part C of chapter 83 of the laws of 2002, is amended to
read as follows:
S 530. Reimbursement for detention. 1. Definitions. (A) As used in
this section, the terms "local charge" and "state charge" shall have the
meaning ascribed to them in the social services law.
(B) "ALTERNATIVE TO DETENTION" AND "ALTERNATIVE TO RESIDENTIAL PLACE-
MENT" PROGRAMS SHALL MEAN COMMUNITY-BASED HIGH QUALITY PROGRAMS THAT:
(1) PROVIDE OR FACILITATE SUPPORT FOR MENTAL HEALTH DISORDERS,
SUBSTANCE ABUSE PROBLEMS AND LEARNING DISABILITIES;
(2) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY;
(3) ARE CAPABLE OF REPLICATION ACROSS MULTIPLE SITES;
(4) OFFER DEVELOPMENTALLY-APPROPRIATE, FAMILY-FOCUSED, STRENGTH-BASED
AND CULTURALLY COMPETENT SERVICES;
(5) HAVE DEMONSTRATED, OR IN THE JUDGMENT OF THE OFFICE WILL DEMON-
STRATE, HIGH EFFECTIVENESS AT REDUCING RECIDIVISM; AND
(6) HAVE DEMONSTRATED, OR IN THE JUDGMENT OF THE OFFICE WILL DEMON-
STRATE, SUSTAINED, LIFE-CHANGING OUTCOMES FOR PARTICIPATING YOUTH.
2. Expenditures made by social services districts in providing care,
maintenance and supervision to youth in detention facilities designated
pursuant to sections seven hundred twenty-four and 305.2 of the family
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16223-01-0
A. 10253 2
court act and certified by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, shall be subject to reimbursement by the state upon
approval by the [division] OFFICE in accordance with its regulations, as
follows:
(1) the full amount expended by the district for care, maintenance and
supervision of state charges;
(2) fifty percent of the amount expended for the care, maintenance and
supervision of [local] YOUTH WHO ARE NOT STATE charges where counties
conform with requirements of subdivision B of section two hundred eigh-
teen-a of the county law.
(3) SIXTY-FIVE PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTE-
NANCE AND SUPERVISION OF YOUTH WHO ARE NOT STATE CHARGES WHERE COUNTIES
CONFORM WITH REQUIREMENTS OF SUBDIVISION D OF SECTION TWO HUNDRED EIGH-
TEEN-A OF THE COUNTY LAW. A SOCIAL SERVICES DISTRICT THAT ESTABLISHES A
PROGRAM WHICH CONFORMS WITH THE REQUIREMENTS OF SECTION TWO HUNDRED
EIGHTEEN-A OF THE COUNTY LAW SHALL BE ELIGIBLE FOR A PROSPECTIVE
REIMBURSEMENT OF FUNDS EXPENDED ON ESTABLISHMENT OF SUCH PROGRAM, PURSU-
ANT TO REGULATIONS PROMULGATED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
(4) IN COMPUTING REIMBURSEMENT TO THE SOCIAL SERVICES DISTRICTS PURSU-
ANT TO THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
INSURE THAT THE AGGREGATE OF STATE AID UNDER ALL STATE AID FORMULAS
SHALL NOT EXCEED FIFTY PERCENT OF THE COST OF CARE, MAINTENANCE AND
SUPERVISION PROVIDED DETAINEES, EXCLUSIVE OF FEDERAL AID FOR SUCH
PURPOSES.
(5) IN COMPUTING REIMBURSEMENT TO THE SOCIAL SERVICES DISTRICTS FOR
ALTERNATIVES TO DETENTION PROGRAMS, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL INSURE THAT THE AGGREGATE OF STATE AID UNDER ALL STATE
AID FORMULAS SHALL NOT EXCEED SIXTY-FIVE PERCENT OF THE COST OF CARE,
MAINTENANCE AND SUPERVISION PROVIDED DETAINEES, EXCLUSIVE OF FEDERAL
AID, STATE GRANTS AND THE FUNDS ALLOCATED PURSUANT TO PARAGRAPH THREE OF
THIS SUBDIVISION.
2-a. Expenditures made by the city of New York in providing care,
maintenance and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the [state
department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES
shall be subject to reimbursement by the state upon the approval of the
[division] OFFICE, as follows:
(1) the full per diem rate set by the [state department of social
services] OFFICE OF CHILDREN AND FAMILY SERVICES for such programs for
the care, maintenance and supervision of state charges;
(2) fifty percent of the per diem rate set by the [state department of
social services] OFFICE OF CHILDREN AND FAMILY SERVICES for such
programs for the care, maintenance and supervision of [local] YOUTH,
OTHER THAN STATE charges.
Notwithstanding the provisions of this subdivision, section three
hundred ninety-eight-a of the social services law shall not apply to
facilities certified by the [division] OFFICE pursuant to section five
hundred three of this chapter.
3. Wherever detention services are not provided directly or indirectly
by a social services district, the district shall act as the interme-
diary between the [division] OFFICE and the agency lawfully providing
such services, for the purpose of claiming and receiving reimbursement,
furnishing financial information and obtaining approval for reserved
accommodations pursuant to this section.
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4. (a) The social services districts must notify the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid received
under other state aid formulas by each detention facility, and, in the
city of New York, by each foster care facility which is providing care,
maintenance and supervision for which the district is seeking reimburse-
ment pursuant to this section, including but not limited to, aid for
education, probation and mental health services.
(b) In computing reimbursement to the social services districts pursu-
ant to this section, the [division] OFFICE OF CHILDREN AND FAMILY
SERVICES shall insure that the aggregate of state aid under all state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance and supervision provided detainees, exclusive of federal aid for
such purposes.
(c) Reimbursement for administrative related expenditures as defined
by the [director of the division for youth] COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES, for secure and nonsecure detention
services shall not exceed seventeen percent of the total approved
expenditures for facilities of twenty-five beds or more and shall not
exceed twenty-one percent of the total approved expenditures for facili-
ties with less than twenty-five beds.
5. (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section shall mean
and include only:
(1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties OR ALTERNATIVE TO DETENTION PROGRAMS certified pursuant to sections
seven hundred twenty-four and 305.2 of the family court act by the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, pending
adjudication of alleged delinquency or alleged need of supervision by
the family court, or pending transfer to institutions to which committed
or placed by such court or while awaiting disposition by such court
after adjudication or held pursuant to a securing order of a criminal
court if the person named therein as principal is under sixteen; or,
(2) temporary care, maintenance and supervision provided juvenile
delinquents and persons in need of supervision in approved detention
facilities AND ALTERNATIVE TO DETENTION PROGRAMS at the request of the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES pending
release revocation hearings or while awaiting disposition after such
hearings; or
(3) temporary care, maintenance and supervision in approved detention
facilities OR ALTERNATIVE TO DETENTION PROGRAMS for youth held pursuant
to the family court act or the interstate compact on juveniles, pending
return to their place of residence or domicile.
(4) temporary care, maintenance and supervision provided youth
detained in the city of New York in foster care facilities OR ALTERNA-
TIVE TO DETENTION PROGRAMS pursuant to article seven of the family court
act.
(b) Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to sections seven hundred twen-
ty-four and 305.2 of the family court act, in order to assure that
adequate accommodations will be available for the immediate reception
and proper care therein of youth for which detention costs are reimburs-
able pursuant to paragraph (a) of this subdivision, shall be reimbursed
as expenditures for care, maintenance and supervision of [local] YOUTH
OTHER THAN STATE charges under the provisions of this section, provided
A. 10253 4
the [division] OFFICE shall have given its prior approval for reserving
such accommodations.
6. The [director of the division for youth] COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES may adopt, amend, or rescind all rules
and regulations, subject to the approval of the director of the budget
and certification to the chairmen of the senate finance and assembly
ways and means committees, necessary to carry out the provisions of this
section.
7. Expenditures made by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES in providing care, maintenance and supervision to
youth in secure detention facilities certified pursuant to sections
seven hundred twenty-four and 305.2 of the family court act and estab-
lished, operated and maintained by the [division for youth] OFFICE,
pursuant to section five hundred three of this article, shall be subject
to reimbursement by the social services district to the state, in
accordance with [division] OFFICE regulations, as follows: fifty percent
of the amount expended by the [division] OFFICE for the care, mainte-
nance and supervision of [local] YOUTH OTHER THAN STATE charges, AND
THIRTY-FIVE PERCENT OF THE AMOUNT EXPENDED BY THE OFFICE FOR THE CARE,
MAINTENANCE, AND SUPERVISION OF YOUTH OTHER THAN STATE CHARGES IN AN
ALTERNATIVE TO RESIDENTIAL PLACEMENT PROGRAM.
8. The office of children and family services shall develop a method-
ology to assess the need for new juvenile detention facility capacity,
which shall apply to the issuance of an operating certificate. The
office of children and family services shall promulgate regulations no
earlier than March first, two thousand four to utilize such needs
assessment and supporting material provided by the agency administering
detention for each county and for the city of New York as a criterion
for new juvenile detention facility capacity. Such regulations shall not
govern the licensing of foster care facilities in the city of New York
that are used to detain persons in need of supervision. The office of
children and family services shall provide the agency administering
detention in each county, the city of New York, detention providers, the
New York state office of court administration and child welfare advo-
cates the opportunity for formal consultation and comment on the devel-
opment of both the needs methodology and the regulations implementing
such methodology. Notwithstanding any provisions of law to the contrary,
the office of children and family services shall not adopt the regu-
lations developed pursuant to this subdivision, by emergency rule.
Denial of a detention operating certificate based upon such needs
assessment shall be subject to the appeal process set forth in regu-
lation. From the effective date of this subdivision until the new regu-
lations are promulgated, the office of children and family services may
deny a request for certification of additional capacity for non-secure
detention if the utilization rate in the applicable county or area has
been less [then] THAN eighty percent on average over a three year period
or a request for certification of additional capacity for secure
detention if the utilization rate has been less than eighty-five percent
on average over a three year period, unless health and safety or other
extraordinary circumstances exist. Any such denial shall be subject to
the appeal process set forth in the existing regulations.
9. The agency administering detention for each county and the city of
New York shall submit to the office of children and family services, in
such form and manner as required by the office of children and family
services, a quarterly report on youth remanded pursuant to article three
or seven of the family court act who are detained for forty-five days or
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more in any twelve month period. Such report shall include, but not be
limited to: the reason for the court's determination in accordance with
section 320.5 or seven hundred thirty-nine of the family court act to
detain the youth; the offense or offenses with which the youth is
charged; and all other reasons why the youth remains detained. Detention
agencies shall submit each quarterly report to the office within thirty
days of the end of the quarter and the office shall submit a compilation
of all of the separate reports for the quarter to the governor and the
legislature within forty-five days of the end of the quarter. The first
quarterly report shall cover the last quarter of two thousand two.
10. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS WHICH WILL BE USED TO DETERMINE THE REQUIREMENTS FOR CERTIF-
ICATION OF ALTERNATIVE TO DETENTION OR ALTERNATIVE TO RESIDENTIAL PLACE-
MENT PROGRAMS, AND THEIR ELIGIBILITY FOR REIMBURSEMENT UNDER THIS
SECTION. THESE REGULATIONS SHALL BE DEVELOPED AFTER CLOSE CONSULTATION
WITH THE COMMISSIONER OF PROBATION, THE OFFICE OF COURT ADMINISTRATION,
THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF MENTAL
HEALTH, AND ORGANIZATIONS WHICH PROVIDE PUBLICLY FUNDED DEFENSE SERVICES
FOR YOUTH WHO HAVE BEEN ACCUSED OF A CRIME.
11. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP, IN
FORMAL CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION, THE COMMIS-
SIONER OF PROBATION, THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES,
THE OFFICE OF MENTAL HEALTH, SEVERAL ORGANIZATIONS WHICH PROVIDE PUBLIC-
LY FUNDED DEFENSE SERVICES FOR YOUTH WHO HAVE BEEN ACCUSED OF A CRIME, A
SCREENING AND ASSESSMENT TOOL FOR DETERMINING APPROPRIATE JUVENILE
JUSTICE DETENTIONS SERVICES AND PLACEMENTS FOR YOUTH.
S 2. Section 218-a of the county law, as amended by chapter 880 of the
laws of 1976, the opening paragraph of subdivision A as amended by chap-
ter 465 of the laws of 1992, paragraphs 1, 2, 3 and 4 of subdivision A
as amended by chapter 555 of the laws of 1978, subdivision B as amended
by chapter 419 of the laws of 1987, and subdivision C as added by
section 12 of part E of chapter 57 of the laws of 2005, is amended to
read as follows:
S 218-a. County detention facilities for juvenile delinquents and
persons in need of supervision. A. To assure that suitable and conven-
iently accessible accommodations and proper and adequate detention in
secure and non-secure detention facilities, as defined in section five
hundred two of the executive law and the regulations of the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, will be available
when required for the temporary care, maintenance and security of
alleged and convicted juvenile offenders, alleged and adjudicated juve-
nile delinquents and alleged and adjudicated persons in need of super-
vision. Such regulations shall not require any county to provide tempo-
rary care in a secure detention facility for residents of any other
county except upon a space available basis. The county executive, if
there be one, otherwise the board of supervisors shall designate the
agency of county government responsible for the administration of the
county juvenile detention program and shall so advise the [New York
state division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, and
may make provisions therefor as follows:
1. Provide for the continued operation of the county's established
detention facility, so long as it complies with regulations of the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, and is
certified by that [division] OFFICE.
2. PROVIDE FOR THE ESTABLISHMENT OR CONTINUED OPERATION OF COMMUNITY
BASED ALTERNATIVE TO DETENTION PROGRAMS, AS DEFINED IN SECTION FIVE
A. 10253 6
HUNDRED THIRTY OF THE EXECUTIVE LAW, THAT COMPLY WITH THE REGULATIONS OF
THE OFFICE OF CHILDREN AND FAMILIES, AND ARE CERTIFIED BY THAT OFFICE.
[2] 3. Authorize a contract between its county and one or more other
counties, which is or are operating a conveniently accessible detention
facility OR ALTERNATIVE TO DETENTION PROGRAM certified by the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and in compliance with
regulations of [the division for youth] THAT OFFICE, providing for the
reception, temporary accommodation and care in such facility of alleged
or adjudicated juvenile delinquents and persons in need of supervision
held for or at the direction of its family court, for and in consider-
ation of the payments to be made therefor, on a per capita basis, pursu-
ant to the terms of such contract.
[3] 4. Authorize a contract between its county and one or more other
counties providing for the joint ESTABLISHMENT, operation and mainte-
nance by them of an already established county detention facility OR
ALTERNATIVE TO DETENTION PROGRAM certified by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES and operated and main-
tained in compliance with the regulations of [the division for youth]
THAT OFFICE, which is conveniently accessible to the counties concerned.
Such authorization and contract may include provisions for remodeling or
enlarging the building of such facility.
[4] 5. Authorize a contract between its county and one or more other
counties providing for the joint establishment, operation and mainte-
nance by such counties of a new joint county detention facility which
shall be located on a site conveniently accessible to the counties
concerned and which shall be certified by the [state division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES and which shall be established,
operated and maintained in compliance with the regulations of the [divi-
sion for youth] OFFICE.
[5] 6. The resolution providing for joint action under [three or]
SUBDIVISION four [above] OR FIVE OF THIS SECTION shall be adopted by the
board of supervisors of each of the several counties affected, and a
committee composed of at least one member of each of such boards shall
be created to acquire the necessary real property in the name of the
counties affected, and as the joint agent of such counties such commit-
tee shall have charge of the construction, equipment, maintenance and
operation of such joint county detention facility OR ALTERNATIVE TO
DETENTION PROGRAM and, with the advice of an advisory committee consist-
ing of the judge of the family court and the commissioner of social
services of each of said counties, shall supervise and control the main-
tenance and operation of such joint county detention facility OR ALTER-
NATIVE TO DETENTION PROGRAM. The said resolution may specify the
matters as to which the action of such committee shall require the joint
approval of the boards of supervisors of all the counties affected and
shall prescribe the proportions to be borne by each of the several coun-
ties affected of the costs of acquisition of the site and of
construction of a new joint county detention facility and the
proportions to be borne by each of the several counties affected of the
costs of operation of such joint county detention facility OR ALTERNA-
TIVE TO DETENTION PROGRAM, whether established by new joint acquisition
and construction or by utilization of an existing county detention
facility. The moneys to pay the share to be borne by each county
affected shall be provided by appropriation in such amounts and at such
times as may be agreed upon.
B. Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
A. 10253 7
and adequate non-secure detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for the family court in the county pursuant to articles seven and three
of the family court act, to be operated in compliance with the regu-
lations of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES for the temporary care and maintenance of alleged and adjudi-
cated juvenile delinquents and persons in need of supervision held for
or at the direction of a family court.
C. Each county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to provide an immediate
response to families in crisis and to identify and utilize appropriate
alternatives to juvenile detention.
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH BOARD OF SUPERVI-
SORS OR COUNTY EXECUTIVE MAY PROVIDE OR ASSURE THE AVAILABILITY OF
CONVENIENTLY ACCESSIBLE AND ADEQUATE ALTERNATIVE TO DETENTION PROGRAMS
CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ACCORDING TO
SECTION FIVE HUNDRED THIRTY OF THE EXECUTIVE LAW, AS RESOURCES FOR THE
FAMILY COURT IN THE COUNTY PURSUANT TO ARTICLES SEVEN AND THREE OF THE
FAMILY COURT ACT, TO BE OPERATED IN COMPLIANCE WITH THE REGULATIONS OF
SUCH OFFICE FOR THE TEMPORARY CARE AND MAINTENANCE OF ALLEGED AND ADJU-
DICATED JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION HELD FOR
OR AT THE DIRECTION OF A FAMILY COURT.
E. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPILE A REPORT
EVALUATING THE EFFECTIVENESS OF ALL ALTERNATIVE DETENTION PROGRAMS
ESTABLISHED UNDER THIS SECTION. SUCH REPORT SHALL BE DELIVERED TO THE
LEGISLATURE BY NOVEMBER FIRST TWO THOUSAND ELEVEN AND ANNUALLY THEREAFT-
ER. ALL INFORMATION CONTAINED IN THE REPORT SHALL BE ORGANIZED BY THE
ZIP CODE AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(1) THE NAME AND LOCATION OF EACH ALTERNATIVE DETENTION PROGRAM;
(2) THE NUMBER OF YOUTH REFERRED TO THE ALTERNATIVE DETENTION PROGRAM
FOR THAT CALENDAR YEAR;
(3) THE TOTAL NUMBER OF YOUTHS WHO COMPLETED THE ALTERNATIVE DETENTION
PROGRAM FOR THAT CALENDAR YEAR;
(4) THE NUMBER OF YOUTH WHO ENTERED, BUT DID NOT COMPLETE THE ALTERNA-
TIVE DETENTION PROGRAM FOR THAT CALENDAR YEAR;
(5) THE SCHOOL ATTENDANCE RATES FOR YOUTH IN THE ALTERNATIVE DETENTION
PROGRAM; AND
(6) THE NUMBER OF YOUTH WHO ARE ALLEGED TO HAVE COMMITTED A CRIME THAT
ARE PARTICIPATING IN OR WERE PLACED IN AN ALTERNATIVE DETENTION PROGRAM
AND THE DETENTION AND PLACEMENT OUTCOMES FOR YOUTH CONVICTED OF A CRIME.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.